Multiple choice

Assertion (A): Undue influence in a contract between a doctor and a patient can be presumed Reason (R): The mental capacity of the patient is affected by the treatment of the doctor.

  1. Both (A) and (R) are true and (R) is the correct explanation of (A).

  2. Both (A) and (R) are true and (R) is not the correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.
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A Correct answer
Explanation

A contract is said to be induced by “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. A person is deemed to be in a position to dominate the will of the other when he holds authority; real or apparent over the other, or when he stands in a fiduciary relation to the other.

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